This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Under Florida Rule of Family Law Procedure 12.540(b), a party can ask the court to set aside a court order based on: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud ( ...
In an insolvency context, it refers to an administrator, liquidator or trustee in bankruptcy challenging a transaction entered into by an insolvent entity prior to any formal insolvency process, to reclaim assets for creditors.
In a few situations, a judge can cancel or undo an order or judgment in your family law case. This is called a set-aside.
With respect to a stipulated or uncontested judgment, a party may move to set it aside on the basis of mistake, either mutual or unilateral, whether the mistake is of law or fact. Similar to a post-judgment modification, the court is unwilling to grant a motion to set aside unless the criteria set forth above is met.
When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate. The phrase is often used in the context of appeals, when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.
A party attempting to set aside a clerk's default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.
If a judge or court sets aside a previous decision or judgment, they state that it does not now have any legal effect, usually because they consider it to have been wrong: The Court of Appeal set aside his conviction. SMART Vocabulary: related words and phrases.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. Such a motion is proposed by a party who is dissatisfied with the result of a case.
Final judgments issued in Florida are the culmination of a lawsuit. They can come at the end of the process from a trial or beforehand through certain procedural mechanisms like default or summary judgment or from an unperformed settlement agreement.